SPECIFICATIONS To Invitation to Tender ENV.D.2/SER/2008/0078

EVALUATING THE IMPACT OF SECTOR ACTIVITIES ON THE

MARINE ENVIRONMENT These specifications follow the publication of - the prior information notice in OJEU 2008/S 28-036830 of 09/02/2008 - the contract notice in OJEU 2008/S 185-244517of 24/09/2008 PART 1: TECHNICAL DESCRIPTION PART 2: ADMINISTRATIVE DETAILS PART 3: ASSESSMENT AND AWARD OF A CONTRACT Annex 1: Administrative information form Annex 2: Financial offer template Annex 3: Legal entity form (can be downloaded from

http://ec.europa.eu/budget/execution/legal_entities_en.htm ) Annex 4: Declaration of the candidate’s eligibility regarding exclusion criteria Annex 5: Financial capacity form Annex 6: Acknowledgement form Annex 7: Checklist for complete tender file

2

PART 1: TECHNICAL DESCRIPTION 1. Background The central concept in the newly adopted Marine Strategy Framework Directive (MSFD) is the notion of "good environmental status" which Member States will have to, on the basis of the provisions of the Directive, determine for their waters (i.e. they will formulate specific objectives for their waters expressed in terms of marine environmental status) and then design and implement programmes of measures to achieve them. It is however acknowledged in the Directive that the determination of what is "good environmental status" cannot be done in isolation from, in a causal DPSIR1 perspective, analysis of information on the pressures and impacts which are associated with the environmental status. The key Article 9 of the Directive states: "Member States shall also take into account the pressures or impacts of human activities in each Marine Region or Sub-Region, having regard to the indicative list set out in Table 2 of Annex III." Furthermore, Article 10 of the Directive requires that "Member States also establish a comprehensive set of environmental targets and associated indicators for their marine waters so as to guide progress towards achieving good environmental status in the marine environment, [again] taking into account the indicative list of pressures and impacts set out in Table 2 of Annex III, and of the characteristics set out in Annex IV." It is thus clear that the determination of "good environmental status" should be accompanied by clear information on the causative pressures and resulting impacts. 2. Objectives This contract aims to focus on some key relationships between a selection of elements of Annexes I and III of the Marine Strategy Framework Directive2, for the sea-based human activities mentioned in the right-hand column of Annex III, Table 2, elements A, B, C, D, E and H reproduced for convenience below. It should: (1) result in the identification of the degree of knowledge and data availability on a

selection of pressures and impacts. (Objective 1)

Utility: Reaching this objective will facilitate the formulation of "indicators", so that Member States take those pressures and impacts into account in their determination of good environmental status (under MSFD Art. 9) and their formulation of environmental targets and associated indicators (under MSFD Art. 10).

(2) conclude with recommendations, from a more in-depth analysis of causal linkages between Pressure-, State- and Impact-based elements, how the provisions of MSFD could be applied under the requirements of Articles 9 and 10 of the Directive. (Objective 2)

Utility: An exploration and discussion, in the perspective of the operational requirements of the Directive, of a selection of causal linkages between descriptors of good environmental status (MSFD Annex I) and elements from the indicative Annex III – Table 2 could lead to effective recommended solutions on how to make the requirements operational.

1 DPSIR: Driving Forces, Pressures, State, Impact, Response chain. This chain is a schematic

representation of causality which facilitates indicator development.

2 http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-0595 or final version in OJ [publication expected August 2008]

MSFD Annex I Qualitative Descriptors for determining good environmental status

(referred to in Articles 3(5), 9(1), 9(3) and 24)

(1) Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions.

(2) Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems.

(3) Populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock.

(4) All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity.

(5) Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algae blooms and oxygen deficiency in bottom waters.

(6) Sea floor integrity is at a level that ensures that the structure and functions of the ecosystems are safeguarded and benthic ecosystems, in particular, are not adversely affected.

(7) Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems.

(8) Concentrations of contaminants are at levels not giving rise to pollution effects. (9) Contaminants in fish and other seafood for human consumption do not exceed

levels established by Community legislation or other relevant standards. (10) Properties and quantities of marine litter do not cause harm to the coastal and

marine environment. (11) Introduction of energy, including underwater noise, is at levels that do not

adversely affect the marine environment. To determine the characteristics of good environmental status in a Marine Region or Sub-Region as provided for in Article 9(1), Member States shall consider each of the qualitative descriptors listed in this Annex in order to identify those descriptors which are to be used to determine good environmental status for that Marine Region or Sub-Region. When a Member State considers that it is not appropriate to use one or more of those descriptors, it shall provide the Commission with a justification in the framework of the notification made pursuant to Article 9(2).

MSFD Annex III – Table 2

Table 2 – Pressures and Impacts A Physical loss Smothering (e.g. by man-made structures, disposal of dredge

spoil); Sealing (e.g. by permanent constructions).

B Physical damage Changes in siltation (e.g. by outfalls, increased run-off, dredging/disposal of dredge spoil); Abrasion (e.g. impact on the seabed of commercial fishing, boating, anchoring); Selective extraction (e.g. exploration and exploitation of living and non-living resources on seabed and subsoil).

C Other physical disturbance

Underwater noise (e.g. from shipping, underwater acoustic equipment); Marine litter.

D Interference with hydrological processes

Significant changes in thermal regime (e.g. by outfalls from power stations); Significant changes in salinity regime (e.g. by constructions impeding water movements, water abstraction).

E Contamination by hazardous substances

Introduction of synthetic compounds (e.g. priority substances under Directive 2000/60/EC which are relevant for the marine environment such as pesticides, antifoulants, pharmaceuticals, resulting e.g. from losses from diffuse sources, pollution by ships, atmospheric deposition and biologically active substances); Introduction of non-synthetic substances and compounds (e.g. heavy metals, hydrocarbons, resulting e.g. from pollution by ships and oil, gas and mineral exploration and exploitation, atmospheric deposition, riverine inputs); Introduction of radio nuclides.

F Systematic and/or intentional release of substances

Introduction of other substances, whether solid, liquid or gas, in marine waters, resulting from their systematic and/or intentional release into the marine environment, as permitted in accordance with other Community legislation and/or international conventions.

G Nutrient and organic matter enrichment

Inputs of fertilisers and other nitrogen - and phosphorus-rich substances (e.g. from point and diffuse sources, including agriculture, aquaculture, atmospheric deposition); Inputs of organic matter (e.g. sewers, mariculture, riverine inputs).

H Biological disturbance Introduction of microbial pathogens; Introduction of non-indigenous species and translocations; Selective extraction of species, including incidental non-target catches (e.g. by commercial and recreational fishing).

4

3. Content / Description of the tasks Task (1), corresponding to the above described Objective 1, will focus on pressures and impacts of elements marked A, B, C, D, E and H in MSFD Annex III Table 2. As a relatively large amount of information is generally available on element E, 'contamination by hazardous substances', the relative share of the work allocated to this element should not exceed 30% of the project. For each element, a descriptive document will set out:

(a) a documented description of the issue at stake, with the main references to existing scientific literature on the issue;

(b) a representative overview of the degree of data coverage of the issue by existing data collection (monitoring) for the EU coastal Member States, starting from existing overviews of data coverage (such as the overview prepared by the European Environment Agency in the context of the informal working group 'European Marine Monitoring and Assessment' (EMMA)3, information documents, assessments and databases of regional marine conventions).

Task (2), corresponding to the above described Objective 2, will examine the linkages (according to DPSIR logic) of at least those combinations of the following D – P – and S items which have been demonstrated to be relevant for marine environmental status:

Driving forces (D) All sea-based human activities mentioned in MSFD Annex III as pressures, with particular emphasis on the following: - Placement of sea-based man-made structures (temporary or permanent) and infrastructure (development (e.g. offshore infrastructures for fossil or renewable energy) and their maintenance (e.g. dredging of navigation channels)) - Shipping (commercial, recreational) Pressures (P) and Impacts (I) Annex III, Table 2, elements A, B, C, D, H. Status – state (S) Annex I, descriptors (2), (6), (7), (8), (10) and (11)

Information on the actual environmental pressure and impact of some human activities is available for some themes and some areas. Ensuring environmental sustainability will however require that this fragmented information is systematised for as many as possible of the relevant environmental pressures and causal linkages, and aggregated at the level that is useful for management purposes. Where 'disaggregating' or 'differentiation' of information is difficult due to 3 Can be consulted at

http://circa.europa.eu/Public/irc/env/marine/library?l=/workingsgroups/europeansmarinesmonitori/eea-led_2006-2007/including_inventory&vm=detailed&sb=Title

5

the fact that combined or cumulative pressures are measured as a whole, this situation should be discussed for its operational implications. Further details on the tasks are as follows: Task (2)(a): Establishing the most significant causal linkages4 between driving forces (D), pressures (P) and state (S) / impact (I)

- Review the important causal (i.e. demonstrated relevant) linkages (with possible different significance at different spatial scale levels (countries, marine regions and sub-regions, etc).

- Building on outcome of Task 1, identify whether in each marine region around Europe regular monitoring information exists (generated by Member States) to maintain a regular indicator. If not, identify options to reduce the information gap.

Task (2)(b): Ascertaining the nature and severity of environmental pressures and impacts

For a selection of 4 main D-P-S(-I) chains derived from task (2)(a), discuss their relative severity and importance in each marine region around Europe from local to sub-regional and regional level. The review will also establish means, including numerical and graphical representations, to express significance and variability over a range of spatial and temporal scales.

Discuss each of these chains from the perspective of:

1. their relevance of findings for implementation of MSFD Article 9 (determination of good environmental status)

2. their relevance of findings for implementation of MSFD Article 10 (establishment of environmental targets)

3. their relevance of findings for implementation of MSFD Article 11 (monitoring programmes)

4. the proper parameters to be identified which allow setting the values to define the good environmental status of concerned bodies of water, as regards the impacts and pressures examined under this subtask. Propose how these could be monitored.

The precise methodology to be used for these tasks will be proposed by the contractor. In all deliverables, the contractor will structure the reports' narrative according to the DPSIR chain.

4 In the DPSIR model, the causal linkage forms a chain, the focus of this work is on the links in the partial chain

D-P-S(-I)

6

4. Experience required of the Contractor The Contractor should have good and demonstrable experience with sector-based environmental information management, including analysis of quantified environmental impacts of specific marine environmental impacts. 5. Deliverables The European Commission publishes the current call for tenders with the intention of contracting a service provider that will deliver:

Deliverable 1. An inventory identifying the degree of knowledge and data availability on the selection of pressures and impacts of Task (1) described above, including references to the main existing scientific literature on the issues covered;

Deliverable 2. A report documenting and discussing the review of Task (2)(a) and proposing options to reduce information gaps.

Deliverable 3. A report on the outcome of Task (2)(b) focusing on the linkages between pressure & impact-based and status-based indicators, formulating possibilities for numerical and graphical representation over a range of spatial and temporal scales in marine regions around Europe.

Deliverable 4. A final report that covers final adjusted deliverables 1, 2 and 3.

The delivery dates are as follows (for final drafts, subject to review by the European Commission): Deliverable 1. : 3 months after the beginning of the contract. Deliverable 2. : 6 months after the beginning of the contract. Deliverable 3. : 8 months after the beginning of the contract. Deliverable 4. : together with the finalisation of Deliverable 3. 6. Duration of the tasks The tasks should be completed within 9 months of the signature of the contract (see point 5). The execution of the tasks may not start before the contract has been signed. 7. Place of performance The place of performance of the tasks shall be the contractor’s premises or any other place indicated in the tender, with the exception of the Commission’s premises.

7

PART 2: ADMINISTRATIVE DETAILS 1. General terms and conditions for the submission of tenders

• Submission of a tender implies that the Contractor accepts all the terms and conditions set out in these specifications (including the annexes) and waives all other terms of business.

• Submission of a tender binds the Contractor to whom the contract is awarded during performance of the contract.

• Changes to tenders will be accepted only if they are submitted on or before the final date set for the submission of tenders.

• Expenses incurred in respect of the preparation and presentation of tenders cannot be refunded.

• No information of any kind will be given on the state of progress with regard to the evaluation of tenders.

• Once the Commission has accepted the tender, it shall become the property of the Commission and the Commission shall treat it confidentially.

• The protocol on the Privileges and Immunities or, where appropriate, the Vienna Convention of 24 April 1963 on Consular Relations shall apply to this invitation to tender.

2. No obligation to award the Contract

• Fulfilment of adjudication or invitation to tender procedure shall not involve the Commission in any obligation to award the contract.

• The Commission shall not be liable for any compensation with respect to tenderers whose tenders have not been accepted. Nor shall it be liable in the event of its deciding not to award the contract.

3. Joint tenders When a consortium / partnership is envisaged three cases can arise:

I. The offer originates from a consortium already formally set up as a separate and legal entity able to submit its statutes, mode of operation, technical and financial capacity, such as result from the contributions of its various members. It is such a consortium that will bear the technical and financial responsibility for the contract and will present the requested financial guarantee, if applicable.

II. The offer originates from companies not yet having created a consortium as a separate

legal entity but planning to constitute one as referred to in item I, if their joint offer is accepted. In such a situation, the tenderer will have to provide the legal form, the envisaged draft statutes and mode of operation of the consortium, the various technical and financial contributions, letters of intent, as well as the guarantees envisaged, where applicable.

III. The offer originates from companies not wishing to constitute formally a consortium as a separate legal entity and thus constituting effectively an association. In such a case,

8

the offer will be submitted in the form of subcontracting (cf. point 4 below), in which case one of the companies shall assume the total responsibility for the offer. This company will sign the contract in its name, the other companies then being regarded as subcontractors of the first.

For joint tenders described in cases I and II above, the information required in

• Part 2, 6.2 (“administrative proposal”) • • Part 3, 1(“information for assessment of exclusion criteria”) and • • Part 3, 2 (“information for assessment of selection criteria”) • • must be provided for all members participating in the tender.

For joint tenders described in case III please refer to point 4 below. 4. Subcontractors Subcontracting is permitted subject to the following conditions: The subcontractor is the sole responsibility of the main contractor;

• Tenderers must indicate in their offers the amount of the contract (if any) that they will subcontract to third parties, as well as the identity and availability of the chosen subcontractor(s). The contractor will not subcontract to third parties not identified in the offer as potential subcontractors without prior written authorisation from the Commission;

• the contractor shall not cause the contract to be performed in fact by third parties; • even where the Commission authorises the contractor to subcontract to third parties, the

contractor shall nonetheless remain bound by his obligations to the Commission under the contract;

• the contractor shall ensure that the subcontract does not affect rights and guarantees to which the Commission is entitled by virtue of the contract.

Where the total amount envisaged for subcontracting is above 30% of the total contract value, evidence of the subcontractor(s) ability to perform the tasks entrusted to him/them shall be included in the offer. Such evidence is the same as that also required from the contractor, as described and identified, in Part 3, point 2 below. Where the total amount envisaged for subcontracting is above 50% of the total contract value, the subcontractor(s) must also, if and when requested, present evidence of compliance with the exclusion criteria (as required from the potential contractor) as described in Part 3, point.1 below. Tenderers should note that the Commission will consider intended subcontracting below 30% of the contract value as an indication that the potential contractor has the resources to complete the tasks under the contract, as well as a factor potentially enhancing the proposed team organisation. Therefore this point will be taken into account in the assessment of the award criterion “project management and availability”.

9

5. Payments

This contract will be paid on a lump sum basis.

A pre-financing payment of 30% will be paid upon signature of the contract. A final payment of 70% will be paid upon acceptance by the Commission of the final report.

The Commission reserves the right to waive the pre-financing payment if applicable, or to request a financial guarantee should it be deemed necessary. The Commission is exempt from all taxes and dues, including value added tax, pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities with regard to its financial contribution under the contract. 6. Content of the tender All tenders must be presented in three sections:

6.1. Financial proposal

• A financial proposal duly dated and signed by the person authorized to sign on behalf of the organization. The price must be quoted in Euro using the template in annex 2, including for the countries which do not form part of the Euro zone. For the tenderers of the countries which do not form part of the Euro zone, the amount of the offer cannot be revised because of exchange rate movements. The choice of exchange rate belongs to the tenderer, who assumes the risks or opportunities associated with these exchange rate movements.

• The price must be a fixed amount, inclusive all expenses. • The price will not be subject to revision. • For guidance purposes, the maximum budget allocation to this contract is fixed at

€ 160 000 (one hundred and sixty thousand Euro) • The price quotation must be signed by the tenderer or his duly authorised representative. • The price must be quoted free of all duties, taxes and other charges, including VAT, as the

Communities are exempt from such charges under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 (OJEC L 152 of 13 July 1967). Exemption is granted to the Commission by the governments of the Member States, either through refunds upon presentation of documentary evidence or by direct exemption. For those countries where national legislation provides an exemption by means of a reimbursement, the amount of VAT is to be shown separately. In case of doubts about the applicable VAT system, it is the tenderer's responsibility to contact his national authorities to clarify the way in which the European Community is exempt from VAT.

• The offer shall remain valid for a period of 6 months, as from the deadline for submission of offer.

10

6.2. Administrative proposal

• An administrative information form containing information on the full name of the organization, legal status, address, person to contact, person authorized to sign on behalf of the organization, telephone number, and facsimile number, as well as relevant bank details. The form must be duly dated, signed and stamped by the person authorized to sign on behalf of the company, and by the bank (see annex 1).

• A legal entity form (see annex 3), proof of enrolment (certificates) in one of the professional or trade registers, in country of establishment;

• If the tenderer is a natural person; she/he will be required to provide proof of her/his status as a self-employed person. To this end she/he must supply details of her/his social security cover and situation with regards to VAT regulation.

• A declaration of the candidate’s eligibility; certifying that he/she is not in one of the situations listed in articles 93 and 94 of the Financial Regulation of the European Communities (Official Journal L 390 of 30/12/2006) (see annex 4)

• Documents relating to the selection criteria (see part 3, point 2.1. Financial and Economic capacity)

• Τhe service provider’s educational and professional qualifications and those of the firm’s managerial staff and, in particular, those of the person or persons responsible for providing the services (curriculum vitae presented on the EU standard form which can be downloaded from the following address –

• http://europass.cedefop.europa.eu/europass/home/vernav/Europasss+Documents/Europass+CV/navigate.action together with a consolidated overview of CVs in an excel table.

• A list, in English or French of the principal studies, services contracts, consultancy work, surveys, publications or other work previously carried out during the past three years, indicating the name of the client and stating which, if any, were done for the European Commission.

• Tenders from consortia of firms or groups of service providers must specify the role,

qualifications and experience of each member (see also part 3, points 1, 2 and 3 – exclusion, selection and award criteria).

6.3. Technical proposal

• A contract proposal with the methodology to fulfil the requirements mentioned in Part 1,

point 3. The tender should give indications on the theoretical background used, the methodology used in the work that will be undertaken and on its appropriateness for this purpose, in conformity with the guidelines included in the approach. It should also give indications on the data to be used and their reliability

Establish the tenderer’s identity

The tenderer should detail the competence, experience and the means at his disposal which would allow the tasks foreseen in the contract to be carried out. A list of previous work carried out over the past 3 years must be included.

11

If a consortium is formed for the execution of the tasks presented in this call for tender, then please explain the roles of each partner in the consortium. (For the administrative details in relation to joint tenders, please refer to Part 2, point 3). If sub-contracting is envisaged, please clearly indicate which tasks are concerned, the % that this represents of the total value of the offer, and the name and address of the sub-contractor(s), if known at this stage.

Implementation of the contract

Describe the methodology to be applied to carry out each of the tasks foreseen in the contract.

Managing the contract

The tenderer’s availability during the period of the execution of the tasks must be clearly demonstrated, and explain how the project will be managed.

12

PART 3: ASSESSMENT AND AWARD OF A CONTRACT

The assessment will be based on each tenderer's bid. All the information will be assessed in the light of the criteria set out in these specifications. The procedure for the award of the contract will concern only admissible bids and it will be carried out in three successive phases. The first step is to check that the tenderers are not excluded in any way from taking part in the tender procedure. The second step is to check the tenderer's capacity (financial and technical) to perform the contract and the final step is to assess the quality of the offers against the award criteria. In the case of joint tenders, the exclusion, selection and award criteria will be applicable to all the members of the consortium. The same principle will also be applied in the case where there are sub-contractors. The bid must clearly identify the subcontractors and document their willingness to accept the tasks and thus acceptance of the terms and conditions set out in Part 2.1. Tenderers must inform the subcontractors that Article II.17 of the standard contract will be applied to them. Once the contract has been signed, Article II.13 of the above mentioned contract shall govern subcontractors. 1. Exclusion criteria Tenderers must declare on their honour that they are not in one of the situations referred to in articles 93 and 94 a) of the Financial Regulation. Tenderers or their representatives must therefore fill in and sign the form in Annex 4 to these specifications. Hereby agreeing to submit to the Commission, if and when requested to do so, those certificates or documents demonstrating that the tenderer is not in any of the situations described under points (a), (b), (d) and (e) below: These articles are as follows: Article 93: 1. Applicants or tenderers shall be excluded if: (a) they are bankrupt or being wound up, are having their affairs administered by the courts, have

entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) They have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

(c) They have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

(e) They have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

(f) They are currently subject to an administrative penalty referred to in Article 96(1).

13

Article 94

A contract shall not be awarded to candidates or tenderers who, during the procurement procedure for this contract:

(a) are subject to a conflict of interest;

(b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply this information;

(c) find themselves in one of the situations of exclusion, referred to in Article 93(1), for this procurement procedure.

2. Selection criteria Only those tenders fulfilling all the selection criteria will be examined in the light of the award criteria. The selection criteria are set out below 2.1. Financial and economic capacity may be shown by means of the following:

• A simplified balance sheet and profit and loss account, exclusively based on the annex 5 form attached to these specifications;

In the event that the tender is unable to complete the form as proposed above one of the following alternatives would be acceptable

a. financial statements for the last two financial years;

OR b. declaration concerning the sales turnover related to the field associated with the

invitation to tender during the last three financial years; OR

c. other substantiating documents if the candidate or tenderer cannot, for valid reasons, provide those indicated above

2.2. Technical and professional competence:

• Experience as evidenced by the qualifications, both educational and professional, of the service provider or contractor and those of the firm's managerial staff and, in particular those of the person or persons responsible for carrying out the service/work. Curriculum vitae must be provided.

• A reference list of relevant previous projects over the past 3 years must be provided, indicating the sums involved, dates, recipients, public or private.

14

2.3. Authorisation to perform the contract

• A tenderer must prove that he is authorised to perform the contract under national law, as evidenced by inclusion in a trade or professional register, or a sworn declaration or certificate, membership of a specific organisation, express authorisation or entry in the VAT register.

2.4. Access to the market

• A tenderer must indicate in which State they have their headquarters or domicile and to present the supporting evidence normally acceptable under their own law.

3. Award criteria Further to the price quoted for the contract, the following award criteria will be applied Award criteria 1 – Understanding (max points 40) This criterion is used to assess whether candidates have taken into consideration all of the

aspects of the tasks required, such as they appear above, as well as of the contents of the proposed end product.

Award criteria 2 – Methodology (max points 40) The degree to which the methodology shows the capacity to resolve the questions underlying

in the tender in a realistic and well-structured way, as well as whether the methods proposed are suited to the needs set out by the Commission in the Technical Description.

Award criteria 3 – Project management and availability (max points 20) this criterion relates to the quality of project planning, the organisation of the team with a view

to managing a project of this nature and the availability of the resources for the completion of the contractual tasks.

Since assessment of the tenders will be based on the quality of the proposed services, tenders should elaborate on all points addressed by these specifications in order to score as many points as possible. The mere repetition of mandatory requirements set out in these specifications, without going into details or without giving any added value, will only result in a very low score. In addition, if certain essential points of these specifications are not expressly covered by the tender, the Commission may decide to give a zero mark for the relevant qualitative award criteria. 4. Points A points system to evaluate the award criteria relating to the technical value of the offers will be applied.

15

A maximum of 40 points will be attributed to criterion 1, a maximum of 40 points will be attributed to criterion 2, and a maximum of 20 points will be attributed to criterion 3. In addition a minimum threshold will be set up under this system of points: - Technical sufficiency levels: Selected companies will have to score a minimum of 24, 24 and 12 points under criteria 1, 2 and 3 respectively, with a minimum total of 65 points. 5. Budget The budget is a maximum of € 160000 excluding VAT (including fees, travel and all other costs). The Commission is exempt from all taxes and dues, including value added tax, pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities with regard to its financial contribution under the contract. The price quoted must be a firm, non-revisable price and must be quoted in euro. Having examined the tenders from a technical point of view, the evaluation committee will proceed considering which is the economically most advantageous offer taking into account only those tenders that have obtained at least 65 out the 100 points that are available for the technical quality of the bid. The evaluation committee will then proceed with the financial comparison of the tenders retained for further consideration according to the ranking procedure below. 6. Ranking of the tenders and award of the contract. The bid offering the best value for money will be chosen, provided that the minimum number of points cited above is achieved. Best value for money will be calculated as follows:

• All bids that do not reach the stated technical sufficiency levels for each individual award criteria will not be considered for contract award.

• All bids that have passed the individual levels and score 65 or higher are deemed to be

technically sufficient. Then the price is divided by the total number of points awarded to obtain the price-quality ratio. The award of the contract will be made in accordance with the lowest ratio.

The Commission reserves the right not to select any tender if the amounts tendered exceed the budget envisaged for this project.

16

7. Opening of tenders The tenders received will be opened on 17/11/2008 at 14h30 in the Commission building at Avenue Beaulieu 5, B-1160 Brussels. One authorised representative of each tenderer (with proof of identity) may attend the opening of tenders (no expenses paid). 8. Information for tenderers After the award decision has been taken, the Commission will inform tenderers including the grounds for any decision not to award a contract or to recommence the procedure.

17

ANNEX 1 - ADMINISTRATIVE INFORMATION FORM

Organisation or individual:

NAME: ..............................................................................................................................................

ADRESS: ..........................................................................................................................................

HEADQUARTERS: ........................................................................................................................

PERSON AUTHORISED TO SIGN CONTRACT:

Name and position: ..........................................................................................................................

PERSON FOR ROUTINE CONTACT:

Name and position: ..........................................................................................................................

Telephone and fax number: ............................................................................................................

BANK DETAILS:

NAME OF ACCOUNT HOLDER: ................................................................................................

ADDRESS OF ACCOUNT HOLDER: .........................................................................................

NAME OF BANK: ...........................................................................................................................

ADDRESS OF BANK AGENCY: ..................................................................................................

ACCOUNT N°: ................................................................................................................................

(BLZ, SORT CODE, ): ..................................................................................................................

I.B.A.N. CODE: ...............................................................................................................................

Signature of Contractor Official Stamp and Signature

of Contractor's Bank

18

ANNEX 2 - FINANCIAL OFFER TEMPLATE

(FOR GUIDANCE PURPOSES ONLY)

PRICE AND ESTIMATED BUDGET BREAKDOWN

Calculation of the costs

Name Staff on payroll Other statute Time in % Total /

year TOTAL

Gross salary

Social charges

… … etc. Staff costs Infrastructure Overhead costs including office material and consumables Office Equipment Travel/Missions

Sub-contracting Company x Company y Company z

Other TOTAL COSTS in EURO €

Signature of Contractor ............................................................

Date ............................................................

19

ANNEX 3 - LEGAL ENTITY FORM This form can be downloaded from

http://ec.europa.eu/budget/execution/legal_entities_en.htm

20

ANNEX 4 DECLARATION ON EXCLUSION CRITERIA AND ABSENCE OF CONFLICT OF INTERESTS

Name of the organisation/individual:

Legal address:

Registration number:

VAT number:

Name of the signatory of this form: Position:

representative legally authorised to represent the tenderer vis-à-vis third parties and acting on behalf of the aforementioned company or organisation [please tick box if applicable]

hereby certifies that [please tick one of the two boxes]

they the company or organisation that they represent:

a) are/is not bankrupt or being wound up, is not having their affairs administered by the court, has not

entered into an arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning those matters, or is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) have/has not been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata;

c) have/has not been found guilty of grave professional misconduct proven by any means which the Commission can justify;

d) have/has fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or those of the country of the contracting authority or those of the country where the contract is to be performed;

e) have/has not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

f) are/is currently not subject to an administrative penalty referred to in Article 96(1).

In addition, the undersigned declares on their honour:

21

g) that on the date of submission of the tender, they, the company or organisation they represent and the staff proposed for this tender are not subject to a conflict of interests in the context of this invitation to tender; the undersigned undertakes to inform the Commission without delay of any change to this situation after the date of submission of the tender;

h) that the information provided to the Commission within the context of this invitation to tender is accurate, sincere and complete;

i) that, if and when requested, they will provide the evidence required under point 1, part 3 of the Specifications.

Full name: Date Signature:

22

ANNEX 5 E x p l a n a t i o n – p l e a s e r e a d c a r e f u l l y b e f o r e c o m p l e t i n g t h e f i n a n c i a l c a p a c i t y f o r m

Simplified balance sheet and profit and loss account Candidates shall indicate if they are a profit or a non profit making company / organisation.

Within the form, financial data based on the company’s /organisation’s balance sheet are collected in a standardised form. Please find below a correspondence table giving an explanation on the regrouping of different accounts respecting the 4th Accounting Directive. You should complete this form carefully. Given its complexity, it is recommended that the form be completed by a professional accountant or an auditor. The data reported will be used to evaluate the financial viability of the company/organisation. Thus it is very important that data reported are accurate. The Commission may wish to cross check the data with those reported in the official certified accounts. For this purpose the Commission reserves the right to ask for further documentation during the evaluation process. The amounts have to be filled out in euros (use the exchange rate of the closing date of the accounts). Abbreviations t-1and t0 The abbreviation t0 represents the last certified historical balance sheet and profit and loss account; t-1 is the balance sheet prior to the last certified one. Consequently, the closing date t0 is the closing date of the last certified historical balance sheet; the closing date t-1 is the closing date of the balance sheet prior to the last one. Duration t0 is the number of months covered by the last historical balance sheet. Duration t-1 is the number of months covered by the penultimate certified historical balance sheet. BALANCE SHEET CORRESPONDANCE 4th ACCOUNTING DIRECTIVE

ASSETS ASSETS / 4th ACCOUNTING DIRECTIVE (Article 9) 1. Subscribed capital unpaid A. Subscribed capital unpaid A. Subscribed capital unpaid (including unpaid capital) 2. Fixed assets C. Fixed Assets 2.1. Intangible fixed assets B. Formation expenses as defined

by national law C. I. Intangible fixed assets

B. Formation expenses as defined by national law C.I.1. Cost of research and development C.I.2.Concessions, patents, licences, trade marks and similar rights and assets, if they were: (a) acquired for valuable consideration and need not be shown under C (I) (3); or (b) created by the undertaking itself C.I.3. Goodwill, to the extent that it was acquired for valuable consideration C.I.4. Payments on account

2.2. Tangible fixed assets C.II. Tangible fixed assets C.II.1. Land and buildings C.II.2. Plant and machinery C.II.3. Other fixtures and fittings, tools and equipment C.II.4. Payment on account and tangible assets in course of construction

2.3. Financial assets C.III. Financial assets C.III.1.Shares in affiliated undertakings C.III.2. Loans to affiliated undertakings C.III.3. Participating interests C.III.4.Loans to undertakings with which the company is linked by virtue of participating interest C.III.5.Investments held as fixed assets C.III. 6. Other loans C.III.7. Own shares (with an indication of their nominal value or, in the absence of a nominal value, their accounting par value)

3. Current assets D. Currents assets 3.1. Stocks D.I. Stocks D.I.1. Raw materials and consumables

D.I.2. Work in progress D.I.3. Finished products and goods for resale D.I.4 Payment on account

3.2.1. Debtors due after one Year

D.II. Debtors, due and payable after more than one year

D.II.1. Trade debtors D.II.2. Amounts owed by affiliated undertakings D.II.3. Amounts owed by undertakings with which the company is linked by virtue of participating interest D.II.4. Others debtors D.II.6. Prepayments and accrued income

3.2.2. Debtors due within one year

D.II. Debtors due and payable within a year

D.II.1. Trade debtors D.II.2. Amounts owed by affiliated undertakings D.II.3. Amounts owed by undertakings with which the company is linked by virtue of

23

participating interest D.II.4. Others debtors D.II.6. Prepayments and accrued income

3.3. Cash at bank and in hand D.IV. Cash at bank and in hand D.IV. Cash at bank and in hand 3.4. Other current assets D.III Investments D.III.1. Shares in affiliated undertakings

D.III.2.Own shares (with an indication of their nominal value or, in the absence of a nominal value, their accounting par value) D.III.3. Other investments

Total assets Total assets

LIABILITIES LIABILITIES / 4th ACCOUNTING DIRECTIVE (Article 9) 4. Capital and reserves A. Capital and reserves 4.1. Subscribed capital A.I. Subscribed capital

A.II. Share premium account A.I. Subscribed capital A.II. Share premium account

4.2. Reserves A.III. Revaluation reserve A.IV. Reserves

A.III. Revaluation reserve A.IV.1. Legal reserve, in so far as national law requires such a reserve A.IV.2. Reserve for own shares A.IV.3. Reserves provided for by the articles of association A.IV.4. Other reserves

4.3. Profit and loss brought forward from the previous years

A.V Profit and loss brought forward from the previous years

A.V Profit and loss brought forward from the previous years

4.4. Profit and loss for the Financial year

A.VI. Profit or loss for the financial year

A.VI. Profit or loss for the financial year

5. Creditors C. Creditors 5.1.1 Long term non-bank debt

B. Provisions for liabilities and charges ( > one year) C. Creditors ( > one year)

B.1. Provisions for pensions and similar obligations B.2. Provisions for taxation B.3. Other provisions C.1. Debenture loans, showing convertible loans separately C.3. Payments received on account of orders in so far as they are not shown separately as deductions from stocks C.4. Trade creditors C.6. Amounts owed to affiliated undertakings C.7. Amounts owed to undertakings with which the company is linked by virtue of participating interests C.8. Other creditors including tax and social security C.9. Accruals and deferred income

5.1.2. Long term bank debt C. Creditors "credit institutions" (> one year) C.2. Amounts owed to credit institutions C.5. Bills of exchange payable

5.2.1. Short term non-bank Debt

B. Provisions for liabilities and charges (= one year) C. Creditors (= one year)

B.1. Provisions for pensions and similar obligations B.2. Provisions for taxation B.3. Other provisions C.1. Debenture loans, showing convertible loans separately C.3. Payments received on account of orders in so far as they are not shown separately as deductions from stocks C.4. Trade creditors C.6. Amounts owed to affiliated undertakings C.7. Amounts owed to undertakings with which the company is linked by virtue of participating interests C.8. Other creditors including tax and social security C.9. Accruals and deferred income

5.2.2. Short term bank debt

C. Creditors "credit institutions" (= one year)

C.2. Amounts owed to credit institutions C.5. Bills of exchange payable

Total liabilities Total liabilities

PROFIT AND LOSS ACCOUNT PROFIT AND LOSS ACCOUNT / 4TH ACCOUNTING DIRECTIVE (Article 23) 6. Turnover 1. Net turnover 1. Net turnover

7. Variation in stocks 2. Variation in stock of finished

goods and in work in progress 2. Variation in stocks of finished goods and in work in progress

8. Other operating income 3. Work performed by the undertaking for its own purposes and capitalized. 4. Other operating income

3. Work performed by the undertaking for its own purposes and capitalized 4. Other operating income

9. Costs of material and consumables

5. (a) Raw materials and consumables 5. (b) Other external charges

5. (a) Raw materials and consumables 5. (b) Other external charges

24

10. Other operating charges 8. Other operating charges 8. Other operating charges

11. Staff costs 6. Staff costs 6. (a) Wages and salaries 6. (b) social security costs, with a separate indication of those relating to pensions

12. Gross operating profit Gross operating profit . 13. Depreciation and value adjustments on non financial assets

7. Depreciation and value adjustments on non financial assets

7. (a) Value adjustments in respect of formation expenses and of tangible and intangible fixed assets 7. (b) Value adjustments in respect of current assets, to the extent that they exceed the amount of value adjustments which are normal in the undertaking concerned

14. Net operating profit Gross operating profit - Depreciation and value adjustments on non-financial assets 15. Financial income and value adjustments on financial assets

Financial income and value adjustments on financial assets

9. Income from participating interests 10. Income from other investments and loans forming part of the fixed assets 11. Other interest receivable and similar income 12. Value adjustments in respect of financial assets and of investments held as current assets

16. Interest paid Interest paid 17. Similar charges Similar Charges

13. Interest payable and similar charges

18. Profit or loss on ordinary activities

Profit or loss on ordinary activities

15. Profit or loss on ordinary activities after taxation

19. Extraordinary income and Charges

Extraordinary income and charges

16. Extraordinary income 17. Extraordinary charge

20. Taxes on profits Taxes 14. Tax on profit or loss on ordinary activities 19. Tax on extraordinary profit or loss 20. Other taxes not shown under the above items

21. Profit or loss for the financial year

Profit or loss for the financial year

21. Profit or loss for the financial year

25

Annex 5 FORM to be completed

Simplified balance sheet and profit and loss account for the determination of financial capacity

Applicant name Type of company Profit making

Non profit making

Closing date t0 Duration t0 months

Closing date t-1 Duration t-1 months

Balance sheet Assets t0 (in Euro) t-1 (in Euro) 1. Subscribed capital unpaid 2. Fixed assets (2.1+2.2+2.3) 0 0 2.1 Intangible fixed assets 2.2 Tangible fixed assets 2.3 Financial assets 3. Current assets (3.1+3.21+3.22+3.3+3.4) 0 0 3.1 Stocks 3.2.1 Debtors due after one year 3.2.2 Debtors due within one year 3.3 Cash at bank and in hand 3.4 Other current assets Total assets (1+2+3) 0 0

Liabilities t0 (in Euro) t-1 (in Euro)

4. Capital and reserves (4.1+4.2+4.3+4.4) 0 0 4.1 Subscribed capital 4.2 Reserves 4.3 Profit and loss brought forward 4.4 Profit and loss for the financial year 5. Creditors (5.11+5.12+5.21+5.22) 0 0 5.1.1 Long term non-bank debt 5.1.2 Long term bank debt 5.2.1 Short term non-bank debt 5.2.2 Short term bank debt Total liabilities (4+5) 0 0

Profit and loss

26

t0 (in Euro) t-1 (in Euro) 6. Turnover 7. Variation in stocks 8. Other operating income 9. Costs of material and consumables 10. Other operating charges 11. Staff costs 12. Gross operating profit (6.+7.+8.-9.-10.-11.) 0 0 13. Depreciation and value adjustments on non-financial assets 14. Net operating profit (12.-13.) 0 0 15. Financial income and value adjustments on financial assets 16. Interest paid 17. Similar charges 18. Profit/loss on ordinary activities (14+15.-16.-17.) 0 0 19. Extraordinary income and charges 20. Taxes on profit 21. Profit/loss for the financial year (18.+19.-20.) 0 0

27

ANNEX 6

EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT DIR F- RESOURCES ENV.F.2 – Finance

_____________________________________________________________________________ ACKNOWLEDGEMENT OF YOUR TENDER Our reference: ENV.D.2/SER/2008/0078 Your reference: We wish to confirm the receipt and opening of your offer1. Your offer will now be evaluated by the Commission and its experts. You will be informed of the result in due course. We thank you for your interest. MarketsTeam DG ENV.F.2

1 Your personal contact data has been recorded in a database used by the Markets Team of unit ENV.F2 for the

administrative management of offers. The Commission is bound by Regulation 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies. For more information, and to exercise your rights to access and eventually correct data concerning you, please don’t hesitate to contact us.

(Please fill in your address)

28

ANNEX 7 CHECK LIST 1. Administrative information form filled in 2. Financial offer duly signed 3. Legal entity form completed and signed 4. Declaration of the candidate’s eligibility regarding exclusion criteria, completed,

signed and dated 5. Supporting documents for selection criteria 6. Acknowledgement form with candidate's address 7. Technical bid 8. Possible annexes